Essex County bans election workers from political activities

Sarah Simonis/For The Star-LedgerEssex County Executive Joseph N. DiVincenzo, Jr., issued an executive order barring election workers from engaging in political activity. DiVinchenzo appears in a November photo.

ESSEX COUNTY -- Essex County Executive Joseph Jr., reacting to the first guilty plea in a far-reaching ballot-tampering probe, today issued an executive order barring election workers from engaging in political activity.

The prohibition specifically precludes 60 full-time, non-elected employees from campaigning, contributing money to a candidate, attending a political rally — even posting a lawn sign or wearing a pin endorsing a candidate or issue.

"Some people are going to say it’s not constitutional," DiVincenzo said. "I have no choice but to act."

James Paganelli, the Essex County counsel, said he thinks the order would pass any legal test. "We think so," he said. "If it gets challenged, sometimes you have to fight. If the fight comes, we’ll fight it."

Ruiz, who easily won the 29th District race, has not been accused of any wrongdoing.

Wednesday’s guilty plea appeared to rattle DiVincenzo, who has prided himself on appointing an inspector general to police ethics and in his first term signed an executive order barring political activity on county property.

"I never thought something like this would happen, on this scale anyway," DiVincenzo said.

Today’s order applies to the county clerk’s election unit, staff of the county board of elections, and the superintendent of elections office.

"This executive order will establish the separation that is necessary between government responsibility and political activity," he said.

Linda von Nessi, the clerk of the board of elections, said her charges are supportive of the executive order.

"They’re extremely disappointed and shocked," she said of Wednesday’s courtroom admission. "We work very hard. To have this reflect on the employees is very disturbing."

DiVincenzo said he intends to lobby New Jersey’s legislative delegation to make Essex’s political activity prohibition statewide.

Employees who violate the order can face disciplinary action, including demotion and removal. Exempted from the order are the county clerk, which is an elected position; members of the elections board, who are appointed by the governor; and part-time or seasonal employees hired as poll workers, ballot counters and support staff during elections.

DiVincenzo and the county’s inspector general, Dominic Scaglione, plan to meet with the 60 employees to discuss the order.